As stated in the Section 6 of Migrant Workers and Overseas Filipinos Act of 1995, the crime of illegal recruitment is committed when two elements concur, namely: (1) the offender has no valid license or authority required by law to enable one to lawfully engage in recruitment and placement of workers; and (2) he undertakes either any activity within the meaning of "recruitment and placement" defined under Article 13 (b), or any prohibited practices enumerated under Article 34 of the Labor Code.
To avoid being victimized by this crime, the Philippine government bodies warn the public against these lawless elements. Read on.
1. Escort Services - Undocumented workers are escorted at the airport, seaports or any international exits to be able to leave even without the required travel documents.
2. Tourist-Worker Scheme - Workers leave the country as tourist, using a tourist visa but is actually working overseas.
3. Assumed Identity - Workers are documented under other person's identity or name. Records were counterfeited or went through the baklas system to secure passport and other necessary documents. This modus is usually applied to minors.
4. Direct Hiring - Foreign employers hire Filipino workers without channeling the employment process to licensed recruitment agencies. Workers leave the country as tourist and undocumented.
5. Trainee-Worker Scheme - Workers are recruited and deployed as trainees under a training agreement or program and not for employment.
6. Backdoor Points Scheme - Workers are sent abroad through the southern ports of exit to evade immigration authorities and usually transported through cargo ships or on boats.
7. Tie-Up or Kabit System - Unlicensed recruiters who are usually in the blacklist recruit using the name and offices of licensed recruiters. Workers are sent overseas under the job order of the licensed agency but the job is actually for another employer abroad. Another mode is the illegal recruiter register or accredit foreign employers using the licensed agency's name.
8. Visa Assistance or Immigration Consultancy Scheme - Pretend as consultancy firms that offer services for visa facilitation and pairing of workers with foreign employers. Some also conduct seminars that eventually turn out to be recruitment activities.
9. Blind Ads Scheme - Jobs are advertised without the recruiter's details. Workers to encouraged apply and send cash payments to a Postal Office Box without the personal communication with the recruiter.
10. By Correspondence - Workers submit their requirements via mail with apparent lower fees.
11. Mail Order Bride Scheme - This system uses arranged marriage between Filipino women and foreign partners set up by brokers. Filipinas end up as domestic workers to the foreign husband.
12. Camouflaged Participants in Events - Workers exit the country as participants in seminar or events abroad like sports competitions but are actually leaving for overseas jobs.
Now that you know how to spot the illegal recruiters, you may report similar incidents stated above. Call the POEA hotlines, (02) 722-1144, 722-1155 or use your downloaded POEA smartphone app to reach them.
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